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PUBLIC HOSPITAL RESPONSIBILITY

ACCESS TO MEDICAL RECORDS

Every individual has the right to access their medical records.

 

When a patient requests their full medical file, it must include all elements that are legally accessible to the patient, such as:

• test results,

• consultation, procedure, hospitalization, or diagnostic reports,

• treatment protocols and prescriptions,

• monitoring sheets,

• medical imaging,

• and correspondence between healthcare professionals.

 

The records may be consulted directly on-site. If copies are requested or sent, the cost is borne by the patient. The request must be made by registered letter with acknowledgment of receipt directly to the head of the facility — not to the department manager or treating physician. If the request concerns a private practitioner, it must be sent directly to the healthcare professional.

 

The records must be provided:

• within 8 days for recent records,

• or within 2 months if the most recent document is over 5 years old.

 

The cost of providing the records is borne by the patient (approximately €35 on average).

 

In the event of a refusal to provide access, our firm is fully equipped to take legal action to recover your medical file.

 

If the records concern a deceased patient, and unless the patient expressed a contrary wish before their death, the medical file may be accessed by the next of kin, spouse, or civil partner (PACS). Unlike personal requests, this request must be justified.

 

Indeed, the request must be necessary to determine the cause of death, defend the memory of the deceased, or assert a legal right. A refusal must be justified but does not prevent the issuance of a medical certificate.

 

When it comes to a minor’s medical record, it may be accessed by the minor themselves, through a physician appointed by the minor, or by their legal representative. The request procedure is the same as described above.

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